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Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Child Welfare Reporters) (SSI 2015/312)
This instrument amends the procedural rules of the Court of Session and the sheriff court. Article 2 inserts new rule 49.22 into the rules of the Court of Session 1994. Article 4 inserts new rule 33.21 into the ordinary cause rules 1993. Paragraph (11) of each new rule provides that when a child welfare reporter
“acts as referred to in paragraph (10)”
the court or sheriff
“may, having heard the parties, make any order or direction that could competently have been made under paragraph (6).”
Paragraph (10) in each rule is composed of subparagraphs (10)(a) and (10)(b). The policy intention is that the phrase
“acts as referred to in paragraph (10)”
means that the child welfare reporter has acted as referred to in subparagraph (10)(a) or subparagraph (10)(b). The drafting of paragraph (11) does not make that policy intention clear, and the rule is capable of being interpreted as meaning that the child welfare reporter must have done the things mentioned in subparagraphs (10)(a) and (10)(b) in order to have acted
“as referred to in paragraph (10)”.
Does the committee agree to draw the instrument to the Parliament’s attention under reporting ground (h), as the meaning of articles 2 and 4 could be clearer in that respect?
Members indicated agreement.
Does the committee agree to call on the Lord President’s private office to amend paragraph (11) in both new rules to make clear the intended effect of those paragraphs?
Members indicated agreement.
Marriage (Prescription of Forms) (Scotland) Amendment Regulations 2015 (SSI 2015/313)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Children and Young People (Scotland) Act 2014 (Commencement No 9 and Saving Provision) Order 2015 (SSI 2015/317)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.